Adoption of child

Adoption of child

What does Adoption of child mean in American Law?

The definition of Adoption of child in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

The formal legal procedure by which one makes a person not so related biologically into one’s “child” in contemplation of law. In most jurisdictions the procedure is subject to very close oversight and regulation, at least with respect to minor children, ordinarily requiring a court order to make the adoption final. (Less stringent requirements may attend the adoption of a close relative, e.g., a nephew, or the child of one’s then spouse.)

The adopted child is today ordinarily treated for all legal purposes as if it were a biological child of the adoptive parent, but a problem may still arise with respect to wills and trusts referring to “children” of a person, or his “heirs,” or his “issue,” whether adopted children were meant to participate. As usual, the intention of the testator or settlor will govern if it can be ascertained, but if that intention is not fairly ascertainable, the tendency seems [to] be to include the adopted child.


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